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Election result rekindles card-check debate

The honeymoon for President-elect Barack Obama has already ended locally on one issue.

When members of the Las Vegas Chamber of Commerce's government affairs committee met Thursday morning, the Obama-supported Employee Free Choice Act proved a hot topic.


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  • The proposed federal law would replace secret-ballot unionizing elections with face-to-face card-check procedures, and both unions and businesses agree it would make organizing workers easier than it is today.

    "We're really worried about the way the law is written," said Steve Hill, a member of the committee who's also incoming chamber chairman and president and chief executive officer of concrete company Silver State Materials. "It has not reached the level of attention it needs. It's been discussed and killed (in Congress), and people don't know it's still out there. We need to do a better job getting word out that it's a possibility, and tell businesses what it means to them."

    Nevada-based representatives of the AFL-CIO and the Service Employees International Union didn't return calls seeking comment Friday. But union officials have argued that current organizing rules allow employers to intimidate workers seeking union representation. They say a card-check policy, through which organizers would ask staffers to sign a card voting for unionization, would make it easier for workers to sign up for a labor group.

    The law's detractors say eliminating secret ballots would subject employees to harassment and intimidation by union organizers.

    They're also concerned about a provision in the law that would force a contract into binding arbitration after six months if an employer and a union can't agree on a deal's terms.

    Observers don't agree on just how likely the law's passage is, but prominent pollster Frank Luntz said the act enjoys decent prospects in the new, more-Democratic Congress. Also, a key barrier in the Oval Office will fall in January, when President Bush, who promised to veto the legislation if it reached his desk, cedes his post to Obama, who co-sponsored the law.

    Luntz, in town Thursday to address members of the chamber, placed 50-50 odds on the bill's passage. And that handicap worries him.

    "I'm afraid for employees if it passes," Luntz said. "The level of intimidation and coercion would be unprecedented. Workers are about to lose their most important right (a secret vote). I'm very angry with the business community for not saying more about it."

    Perhaps the Employee Free Choice Act left businesspeople's radar because it's been more than a year since Congress addressed it.

    The U.S. House of Representatives passed the bill in March 2007. Once it reached the Senate, the act netted 51 votes -- a majority but not enough yeas to overcome a Republican-led filibuster against the law.

    It's languished since, waiting for a stronger, filibuster-proof bloc in the Senate and a president willing to sign off on it.

    After Tuesday's election, the Senate's composition still hangs in the balance. Democrats went from 49 seats to 55 seats, with three races awaiting recounts or runoffs for conclusive results.

    Should the law survive the Senate, it will find a friendly reception at the White House. Obama told the Chicago Tribune in March 2007 that "we will pass the Employee Free Choice Act. It's not a matter of if, it's a matter of when."

    One Nevada legislator supports the measure.

    U.S. Rep. Shelley Berkley, D-Nev., cosponsored the Employee Free Choice Act and voted for the bill when it came before the House.

    David Cherry, Berkley's communications director, said in a statement that Berkley "supports the legislation as a means to prevent intimidation of those seeking to organize in their workplace."

    Cherry also said the bill could soon become law.

    "Given the large number of votes that the bill received in both the House and Senate, the odds would seem to favor its passage in the next Congress," he said.

    Hugh Anderson, chairman of the chamber's government affairs committee, said his group plans to educate the public on "how mislabeled the act is."

    Maintaining secret elections is especially important in a battered economy heavy on low-skill service jobs, Anderson said.

    The service workers who labor inside local resorts don't have many employment options in today's economic climate. That makes them especially vulnerable to coercion.

    Businesses could thwart the law with a public relations campaign using carefully chosen words to counter the bill's title, Luntz said.

    "Why do you call it the Employee Free Choice Act? You mean 'card-check,'" Luntz said. "It's not free choice. It's about your right to vote for or against unions by a secret ballot. It's one of the most sacred rights in America."

    Contact reporter Jennifer Robison at jrobison@reviewjournal.com or 702-380-4512.

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    Anonymous1 wrote on November 19, 2008 06:50 PM: F.I.S.T. was a movie, not real life. I honestly wish people knew the difference.

    The Employee Free Choice Act (H.R. 800, S. 1041), supported by a bipartisan coalition in Congress, would enable working people to bargain for better wages, benefits and working conditions by restoring workers’ freedom to choose for themselves whether to join a union. It would:

    Establish stronger penalties for violation of employee rights when workers seek to form a union and during first-contract negotiations.
    Provide mediation and arbitration for first-contract disputes;

    Allow employees to form unions by signing cards authorizing union representation.


    Stanley Sanders wrote on November 13, 2008 01:31 PM: For those of you who are in opposition to the Employee Free Choice Act the issue of union intimidation is always mentioned. None of you speak of the current threats and intimidations levied upon employees who want to organize. The sad fact is that with the Bush lead NLRB there are no penalties levied upon companies that violate the current laws. If an employer threatens a worker the only thing it has to do is post a notice that it has violated the law and what the the law states. What kind of penalty is that? If the company fires an employee maybe he will be paid a percentage of his back pay after a long and lengthy process. The current law and practices are so bias in the employers favor that a working man has no chance against his employer because the worker has no income while he fights his battle.

    Stanley Sanders


    Hilary Smith wrote on November 09, 2008 10:18 PM: Unions, our only check on corporate authority, occur naturally in a free market system. That is unless... laws are drafted to prevent their forming. Giving employees the choice that is rightfully theirs will do a lot to put America back on the right track. Unions created the middle class; unions will save the middle class.


    swabjockey51 wrote on November 09, 2008 07:22 AM: What a crock!!! Unions have been trying to get this passed for years, and it's been voted down. Now that Osama Obama is in, the unions now think that they can get this crap passed and the "good old days" of unionization will be here again. So what happens to the poor slobs who don't want to sign one of those cards? If the union gets in just by people signing a card, then will they go after those who didn't sign a card? Will they demand the employer fire this person from his/her job because he/she didn't support the union? I can practically guarantee you that that will happen, or that the union will then resort to threats and thuggery to intimidate that employee to join the union (or else!!!). One only has to go back to the last Teamster strike and remember the rocks, concrete and bullets that were aimed at trucks still on the road to know that union violence is NOT a thing of the past. This bill is about as un-American as one can get. Socialism is rearing its ugly head now that Osama Obama is the prez-elect, and the Democrats are drooling over what they may be able to do now that they have a solid majority in both houses of Congress. Thank God that they don't have a filibuster-proof majority!
    I'm from Illinois, and I can't believe that a majority of the voters were fooled by this lackey of Chicago Democratic politics. The only original thought this jerk ever had was to decide which side of his nose he was going to pick when he got up in the morning! You people wanted socialism? Well, you're about to find out how much it's going to cost each one of us!


    TB wrote on November 08, 2008 09:51 PM: According to the WSJ, unions spent more than $400 million on the election and mounted massive voter-turnout efforts for Mr. Obama. Now it is time for payback by the democrats to the unions.


    Secret Ballot wrote on November 08, 2008 06:35 PM: I always love the union cry that employers harass those employees looking for union representation.

    "But union officials have argued that current organizing rules allow employers to intimidate workers seeking union representation."

    If there is a secret ballot, just how the hell would an employer KNOW who is for or against the union? It seems to me that secrecy is better than outright knowledge as would be present with card check only.


    Vegas Subcontractor wrote on November 08, 2008 04:40 PM: This is one of the most deceptive and poorly written laws I have ever seen. If this law passes, the union organizers and all employees will know exactly which person was for or against being represented by the union. The current system is an NLRB ran private vote, and it has been working fairly for both the employee and the employer for years. This socialistic bill proves without question, that the Unions still have their $$$ and their hands in the pockets of the Democratic politicians. Unions have been on the decline for many years, due to the THUG mentality that is as present today, as it was 40 years ago. This type of legislation has no place in the United States, and will lead to the old ways of violence, shootings, and union/gang warfare that a few of us still remember. I CERTAINLY remember it, and it was not that long ago. I seriously would consider closing my business of 35+ years down and retire, before I would ever consider having non-working shop stewards, work slow downs, and the general intimidation that goes with the unions. I hope that Harry Reid, Shelly Berkely, and Osama all are very proud of themselves. If all businesses were signatory to unions, all prices would be out of this world. A $4.00 hamburger at Jack in the Box in which the employee makes minimum wage, would cost $11.00, as the Culinary Union pays 3 times as much. Think about this, all of you that put this smooth talking President elect in office.


    howard wrote on November 08, 2008 11:41 AM: This is the worst of the socialist garbage we will see out of this president. If you want 15%-20% unemployment pass this.


    rmolnar wrote on November 08, 2008 11:40 AM: Labor unions need the card check system, especially with the current unemployment. Think of the union thugs that would have jobs again.


    Cathy Buie wrote on November 08, 2008 05:12 AM: First I would like to say thank you for your article.I found very informative and good reading.I am a citizen here in Indianapolis and I have worked most of my life in the service sector.I have currently been at my previous job for several years.I am good at what I do and I or my Chefs would not consider me low skill.We have been fighting for over a year to have card check. In the state of Indiana there are currently no labor laws to protect ones job a employer can let you go for no reason.There are no laws that protect senoriety. I know people personally that have gave 18 yrs. service and were let go for no reason.That's just not right.I personally would never ever try and force anyone to sign if they were not interested,and I think I could say the same for the other associates I work with day to day.Thank God for president elect Obama he is a long time coming and a very big breath of fresh air.


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